BP 4119.15Sexual Misconduct & Inappropriate Boundary Invasions

I. PURPOSE

The District is committed to protecting all students from inappropriate boundary invasions or educator sexual misconduct perpetrated by staff. [For the purpose of this policy, the term “staff” shall apply to all persons employed by the Kenai Peninsula School District, whether paid or volunteer] Students should not be expected to take the lead in advocating against educator sexual misconduct or inappropriate boundary invasions.  AS 47.17.020 requires that all school teachers, administrators, coaches, staff and volunteers immediately report any concerns about inappropriate boundary invasions, sexual misconduct, or abusive behavior by staff directed towards a student.  The requirement to report does not require proof, only reasonable suspicion.  The purpose of this policy is to provide all staff with information about the District’s zero tolerance policy and about their duty to report all suspicious behavior immediately.  Educator Sexual Misconduct (ESM) and Inappropriate Boundary Invasions (IBI) will not be tolerated by the District nor will retaliation against those who report.

II. WHAT IS EDUCATOR SEXUAL MISCONDUCT?

Educator Sexual Misconduct (ESM) is any behavior by an adult (staff) that is directed at a student and is intended to sexually arouse, stimulate or excite the staff or the student.  Such conduct can create a sexually hostile learning or school related environment.  The behavior can include physical, verbal or visual acts.  Examples of ESM include, but are not limited to, sexual or romantic advances; sexual violence; touching the breasts or genitals of students; showing students pictures or videos of a sexual nature; indecent exposure of a sexual nature; sexual remarks, conversations, jokes or questions directed at students that are sexual in nature; email, text or social media messages to a student that are sexual in nature; requests to a student for nude or semi-nude pictures or videos, etc.  Any sexual interaction with a student is a crime, regardless of intent.  THERE IS NO SUCH THING AS A CONSENSUAL RELATIONSHIP BETWEEN A STAFF MEMBER AND A STUDENT OF ANY AGE.

A. Guidelines for Identifying Educator Sexual Misconduct

To keep their conduct secret, many abusers coerce and groom their targets.  Sexual contact escalates as groomers methodically increase the attention and rewards given to the target.  This grooming allows abusers to test their targets silence at each step.  To nurture the relationship, abusers often make the target feel special by, for example, bringing them gifts, spending extra time with them in a nonsexual way, and/or giving them extra attention and privileges.  To reduce suspicion, abusers often also test the adults that surround a target by publicly engaging in grooming behaviors in order to gauge how that behavior will be interpreted by other adults.

Some examples of grooming behavior may include, but are not limited to:

• Staff who give a student rides as a way to help a single parent or a parent of a ‘difficult’ or ‘unruly’ student;

• Staff who volunteer to tutor the student at their home because the parents are too busy or overwhelmed;

• Staff who provide gifts to a student or are ‘touchy’ with a student for no educational, health or apparent reason (as opposed to a staff member who hugs a student in order to console the student regarding a death in the family);

• Staff who texts or uses social media to communicate with a student or select group of students for non-educational or non-school related purposes;

• Staff who talk to a student about their personal problems or who act as the student’s confidante;

• Staff who take a particular student or select group of students on a special outing;

• Staff who provide snacks or food to specific students outside of classroom hours.

As the target(s) is groomed, and as the adults around them are groomed, the abuser gradually progresses to engaging in sexualized behaviors, sometimes using threats and intimidation tactics to keep the sexual activity secret.  Often, threats or intimidation are not necessary because by the time the abuser makes a sexual move, the student is emotionally connected to the staff member.

According to experts, behaviors are often seen in three phases :

1. Trolling and Testing.  The abuser is screening for possible candidates by testing the boundaries of the student, the home environment, and the school environment.  The abuser is trying to identify a vulnerable student.  A student may be identified as vulnerable because they are unsupervised, may not have close parental relationships, may be lonely or needy, may have inappropriate boundaries, or may have low self-esteem.  Also, the targeted or vulnerable student may be one that the abuser has access to in a private setting.

2. Grooming.  Some of the warning signs in this grooming phase may be nonsexual and include the abuser trying to move the relationship to a personal level, telling the student their personal problems, discouraging the student from talking with other peers or staff, or asking the student to run personal errands.

3. Exploiting and Lulling.  This phase involves manipulating the student while becoming more aggressive with abusive behaviors.  This includes both sexualized behaviors and other activity that is designed to keep the sexual relationship ongoing and undiscovered.  Abusers persuade students to keep silent, either by intimidation or threats, or by manipulating the student’s affections.  Secrecy protects the abuser and isolates the targeted student.

The phases of exploitation are directed not only at the targeted student, but at fellow staff members.  Socially skilled abusers usually work hard at making sure that they are well-liked by staff and that the student will not be believed, even if the sexual relationship is disclosed.

III. WHAT IS AN INAPPROPRIATE BOUNDARY INVASION?

An Inappropriate Boundary Invasion (IBI) is an act, omission, or pattern of such behavior by a staff member that violates professional staff/student boundaries, does not have an educational purpose, and has the potential to result in abuse of the staff/student relationship.

Examples of IBIs may include, but are not limited to, the following:

• Singling out a particular student or students for personal attention and friendship beyond the professional staff-student relationship;

• Socializing where students are consuming alcohol, drugs or tobacco;

• For non-guidance/counseling staff, encouraging students to confide their personal or family problems and/or relationships.  If a student initiates such a discussion, they should be referred to appropriate guidance/counseling staff, administration, school nurse or school psychologist

• Sending students on personal errands;

• Banter, jokes or innuendos of a sexual nature with students;

• Disclosing personal, sexual, family, employment concerns, or other private matters to one or more students;

• Addressing students, or permitting students to address staff members with personalized terms of endearment, pet names, or otherwise in an overly familiar manner;

• Maintaining personal contact with a student outside of school by phone, email, Instant Messenger, or Internet chat rooms, social networking sites, or letters without the knowledge and consent of the parent/guardian;

• Exchanging personal gifts, cards, or letters with an individual student;

• Unnecessarily invading a student’s privacy (ex. frequently walking in on the student in the bathroom);

• Socializing or spending time with students (such as going out for beverages, meals, movies) outside of school-sponsored events or organized community events

A. Appearance of Impropriety

The following activities are IBI and can create actual impropriety or the appearance of impropriety.  Whenever possible, staff should avoid these situations.  If unavoidable, these activities should be pre-approved by the appropriate administrator.  If not pre-approved, the staff person must report the occurrence to the appropriate administrator as soon as possible.

• Being alone with an individual student out of the view of others;

• Inviting or allowing students to visit the staff member’s home;

• Visiting a student’s home; and/or

• Social networking with students for non-educational or non-school related purposes.

B. Working in Local Communities

Staff working in local communities face additional challenges in managing professional boundaries.  They are more likely to have social relationships with the parents/guardians of the students and young people with whom they work and are, therefore, more likely to share social and sporting events or membership at various community events.

This means they will have legitimate reasons, on occasion, to attend social events with the students with whom they work, and/or visit their homes or be visited by the student in the company of their parents/guardians.  These social engagements are an important part of community life and a positive contribution to the wellbeing of staff working in local communities.

This policy is designed to assist staff in those situations.

IV. POLICY

All staff are required to maintain professional, moral, and ethical relationships in their conduct with students and shall serve as positive role models for students, whether on or off District property, both during and outside of school hours.  The District encourages healthy relationships between students and staff that promotes student achievement and success.  At the same time, clear and reasonable boundaries for interactions between students and staff members are necessary to protect students from inappropriate boundary invasions, educator sexual misconduct and/or abuse.  Maintaining appropriate boundaries and relationships with students helps to protect staff from misunderstandings and false accusations.

Educator Sexual Misconduct and Inappropriate Boundary Invasions of any kind are strictly prohibited.  The District has a ZERO TOLERANCE POLICY.

In order to prevent Educator Sexual Misconduct and Inappropriate Boundary Invasions, all staff shall demonstrate a level of professionalism and respect for boundaries.

The following are examples of behaviors which are strictly prohibited.  This is not meant to be an exhaustive list.

• Sexual abuse of a student;

• Sexual harassment of a student;

• Showing pornography to a student;

• Exposing one’s genitals to a student;

• Touching a student’s genitals;

• Driving a non-relative student in your personal vehicle for non-school related reasons;

• Having social media communication (Facebook, Twitter, Snapchat, etc.) with a non-relative student or group of students;

• Inviting a non-relative student for a home visit without a parent/guardian present;

• Visiting a non-relative student at their home without a parent/guardian present;

• Dating a student;

• Sexting;

• Conducting private conversations with individual students or select students that are unrelated to school activities;

• Conversations of a sexual nature with students not related to the staff’s professional responsibilities;

This policy is not intended to violate or otherwise intrude upon the usual parent/child or other family relationship.  However, the existence of a parent/child or other family relationship does not supersede the staff member’s duty to attend to their professional responsibility to serve the interests of the District, its student population and the local community.  Additionally, the District recognizes that staff may have familial and social relationships with parents, guardians and students.  Staff members should use appropriate professional judgment when they have a dual relationship in order to avoid violating this policy, the appearance of impropriety, and the appearance of favoritism.  Staff shall proactively discuss these circumstances with their building administrator or human resources.

A. Requirements for All School Officials

All School Principals (Administrators) and/or Person in Charge shall develop policies, to be approved by the Superintendent and reviewed annually, for the prevention of Educator Sexual Misconduct and Inappropriate Boundary Invasions.  Individual school policies should address, at a minimum, the following topics:

• Prohibiting classroom windows from being covered;

• Prohibiting staffs from being alone with a student that is not their child;

• Requiring that all tutoring be conducted in a public location;

• Limiting one-on-one contact with students;

• Transportation to/from fieldtrips, sporting events or other school functions;

• Lodging during fieldtrips or school sponsored events;

• Guidelines for communicating with students about upcoming practice times, event times, field trips, etc.

• Guidelines and best practices for educators (such as not putting yourself in a situation where you and a student are alone; not friending students on social media; keeping communication to District email; maintaining a professional demeanor and distance; avoiding physical contact with students; never allowing a student to obsess over you, etc…).

V. TITLE IX COORDINATOR

The District’s Title IX Coordinator is designated as the point of contact for all complaints regarding ESM, IBI, or retaliation, and the District’s compliance in investigating and responding to any such complaints.  The Title IX Coordinator shall be:

• Knowledgeable and trained in School policies and procedures and relevant state and federal laws;

• Trained to be free from conflicts of interest or bias for or against complainants or respondents;

• Available to advise any individual, including a complainant, respondent, or third party, about District, school, and community resources and reporting options;

• Knowledgeable about the various supportive measures that may be available to preserve equal access to education, protect student and employee safety and deter harassment;

• Knowledgeable about the Collective Bargaining Units and how to refer any District employee to the appropriate Bargaining Unit for assistance in responding to a complaint.

• Capable of participating in the effective implementation of this Policy, including monitoring compliance with all procedural requirements, record keeping, and timeframes; and

• Responsible for monitoring and reporting compliance with Districtwide education regarding ESM and IBI.

Inquiries or concerns about Title IX may be referred to the District’s Title IX Coordinator:

Mr. Jeff Ambrosier

148 N. Binkley Street, Soldotna AK  99669

(907)714-8888

VI. MANDATORY REPORTING

In conformity with Alaska Statute 47.17.020 and District Policy ALL staff are required to report any incidents of or reasonable suspicion of Educator Sexual Misconduct or Inappropriate Boundary Invasions whether the incident occurred on or off school premises.  Reports must be made to both law enforcement and the Title IX Coordinator.

A. What must be reported? 

While this policy addresses Educator Sexual Misconduct and Inappropriate Boundary Invasions by staff, AS 47.17.020 requires that you must report Sexual Misconduct or Inappropriate Boundary Invasions which you are aware of or which you reasonably suspect regardless of who commits the action.  These actions include, but are not limited to, those behaviors described in this policy (Some examples can be found on pages 2-3 of this policy, Sections II(A), III, and III(A).  The examples are not meant to be an exhaustive list).

B. Reporting to the District

An incident of or suspected incident of ESM or IBI, must be reported to the District’s Title IX Coordinator.  If the District’s Title IX Coordinator is the alleged abuser of the ESM or IBI, the report should be submitted to the District Superintendent or Assistant Superintendent.  Reports may be submitted in person, by telephone or via email at [create email].

C. Reporting to Law Enforcement 

Staff must also report any incidents of or suspected incidents of ESM or IBI to law enforcement or the Office of Children’s Services (OCS).  If the Title IX Coordinator determines that moving forward with a complaint against the wishes of a complainant is reasonable in light of the known circumstances, the Title IX Coordinator may sign the formal complaint and notify law enforcement independent of the complainant’s request.

D. In case of uncertainty  

In the interest of protecting the safety and welfare of a student, any uncertainty about whether reporting is required or whether a violation has actually occurred should ALWAYS be resolved in favor of making a report.  DO NOT investigate; DO NOT attempt to obtain proof; and DO NOT try to solicit information from the student or another source.  The District has a duty to treat both sides fairly, impartially and respectfully.  That duty begins as soon as the District becomes aware of a situation.  Do not wait until you are sure, it may be too late by then.  As a mandatory reporter you are required to notify the District as soon as you reasonably suspect abuse.

If the student is in immediate danger, please call 911 right away.

E. Confidentiality of Reports

Reports made directly to the State of Alaska, Office of Children’s Services can be made anonymously.  In order to ensure that the District gives the suspected abuse appropriate and immediate attention, staff are also required to report suspected abuse internally to the Title IX Coordinator.  Reports made to the Title IX Coordinator will be handled with discretion and, when appropriate, in cooperation with law enforcement and the Office of Children’s Services.

F. Non-Retaliation.

The District prohibits retaliation against those who file a complaint or third-party report, those who are accused of a violation, and/or those individuals who otherwise participate in the investigative and/or disciplinary process (e.g., as a witness).  The District will take strong responsive action if retaliation occurs or is attempted.  Any incident of retaliation should be promptly reported to the Title IX Coordinator, the School Superintendent or Assistant Superintendent.

G. Coordination with District’s Drug/Alcohol Free Policy

Students may be reluctant to report instances of ESM or IBI because they fear being disciplined pursuant to the District’s alcohol or drug policies.  The District encourages students to report all incidences of ESM or IBI and will take into consideration the importance of reporting ESM and IBI when addressing violations of the District’s alcohol and/or drug policies.  This means that, whenever possible, the District will respond educationally, rather than punitively to student alcohol or drug policy violations associated with reported educator sexual misconduct or inappropriate boundary invasions.

H. Immunity from Liability

Under the State of Alaska Child Protection Laws, any person who makes a good faith report of suspected or known Educator Sexual Misconduct or Inappropriate Boundary Invasions or who participates in a subsequent investigation in good faith will have immunity from civil and criminal liability that might otherwise result from such actions.

I. Failure to Report

A failure by staff under this policy to report suspected or known ESM or IBI is a violation of this policy and will result in disciplinary action, up to and including termination.  Additionally, staff who are found to have knowingly failed to report, will have any disciplinary action reported to the appropriate professional licensing board with a recommendation for additional sanctions.

K. Failure to Cooperate

Failure of staff to answer questions or cooperate in the investigation of any reported or suspected incident of EMS or IBI will subject that staff person to adverse employment action, up to and including termination and reporting to appropriate licensing entities.

L. Encouraged Reporters

Any individual(s) who, for any reason, does not fall under this policy, is nonetheless encouraged to make a report of suspected Educator Sexual Misconduct or Inappropriate Boundary Invasion as per the directions above.  Individuals who are encouraged to report are entitled to the same privileges and protections as are afforded to staff.

K. False Allegations.

Deliberate false accusations against teachers, administrators or other school personnel are reprehensible, cause untold damage, and may constitute a crime. While the District takes all reports seriously, false accusations will not be tolerated and will result in disciplinary action by the District, up to and potentially including the filing of a criminal complaint, suspension, termination, and/or expulsion from the Kenai Peninsula Borough School District.

VII. DISTRICT POLICY ON CONFIDENTIALITY

When the District receives a report of ESM or IBI, both the complainant and the respondent have the right to expect the District to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.

To the extent possible, information reported to the District will be shared only with people responsible for handling the District’s response to the report of ESM or IBI.  Information will not be shared except as necessary for a prompt and fair investigation.

VIII. INVESTIGATION PROCEDURES AND PROTOCOLS

A. Notice of Investigation

The District will inform a respondent, in writing, that a report has been filed and will describe the allegations in the report.

B. Investigation Process

The District will investigate all formal complaints.  The District’s investigation will be conducted in consultation with the District’s insurance company and legal counsel. Where necessary, the District will take immediate steps to protect both complainants and respondents pending the final outcome of an investigation, including academic accommodations and other interim measures.  These steps may include the ability to change class schedules, withdraw from/retake a class without penalty; access to academic support such as tutoring, issuing no contact orders, or changing schedules to avoid direct interaction.

C. Time Frame for Investigation

Consistent with the goal of maximizing educational opportunities and minimizing disruption, the Title IX Investigator shall seek to resolve all reports in a timely manner.  To accomplish that, the Title IX Investigator shall initiate an investigation within five (5) calendar days of receipt of a formal complaint.  All attempts shall be made to complete the investigation within thirty (30) calendar days of the date it was started.  However, that timeframe may be extended for good cause as necessary to ensure the integrity and completeness of the investigation, to comply with a request by law enforcement, to accommodate the availability of witnesses, accommodate delays by the parties, account for school breaks or, address other legitimate reasons, including the complexity of the investigation or the severity of the alleged conduct.  Any extension of the timeframes, and the reason for the extension, will be shared with the parties in writing.  Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.

All parties may submit written statements of fact, expert witness statements, and/or other evidence for review by the Title IX Investigator at any time during the investigation.

D. Investigation

1. The Title IX Investigator will provide written notice to the parties before conducting any interviews, meetings or hearings.

2. The parties will be notified of any evidence obtained as part of the investigation and will be provided a minimum of ten (10) calendar days to inspect, review and respond to the evidence.

3. At no time will the parties be prohibited from discussing the allegations or from gathering relevant evidence although the parties may be prohibited from speaking directly with each other.

4. If, during the investigation, the Title IX Investigator discovers any information relevant to any ongoing law enforcement investigation, the Title IX Investigator is required by law to forward such information to law enforcement immediately.

E. Investigation Report

The Title IX Investigator will prepare a report detailing the relevant content from interviews and all evidence gathered.  The Title IX Investigator’s investigation and report is intended to focus only on the facts and whether the District policies were adhered to, including policies regarding appropriate boundaries between staff and students.  Prior to completion of the investigative report, the investigator will send each party and the party's advisor, a copy of the evidence subject to inspection and review in an electronic format or a hard copy. The parties will have ten (10) calendar days to submit a written response to the investigator which the investigator will consider prior to finalizing the investigative report. Upon completion, a copy of the report will be provided to all necessary persons with the goal of maintaining as much confidentiality as possible while still protecting the rights of all involved.  The names and other identifying information of other students will be redacted from such materials in accordance with the Family Educational Rights and Privacy Act (FERPA), except to the extent that doing so would interfere with the purposes of Title IX or other law.  The report will be coordinated with the insurance company and legal counsel. The parties will have ten (10) calendar days from the date of the report to file a written response. At the conclusion of the response period, the investigator will forward the report and all responses to the Decisionmaker.

F. Decision on Report

Upon receipt of the Investigator’s Report and any responses thereto, the Decisionmaker shall provide an opportunity for the parties to submit written, relevant questions which the party wants asked of any party or witness.  The Decisionmaker will provide the parties at least ten (10) calendar days for the submission of relevant questions; at least ten (10) calendar days to respond; and five (5) calendar days for limited follow-up questions from each party.

After completion of the time to submit and respond to questions, the Title IX Decisionmaker will review all of the evidence submitted and shall render a decision on the matter.  If the Title IX Decisionmaker finds that sexual harassment or inappropriate boundary invasion occurred or that District policy was violated, they shall decide whether and to what extent any sanctions should be applied.

The Title IX Decisionmaker shall consider relevant factors, including, if applicable,

(1) The specific misconduct at issue (such as penetration, touching under clothing, touching over clothing, unauthorized recording, showing of photos, etc.);

(2) The circumstances accompanying the lack of consent (such as force, threat, coercion, intentional incapacitation, etc.;

(3) The respondent’s state of mind (intentional, knowing, bias-motivated, reckless, negligent; etc.);

(4) The impact of the offense on the complainant or victim;

(5) The respondent’s prior disciplinary history;

(6) The safety of the District community; and

(7) The respondent’s conduct during the investigatory process.

The Decisionmaker shall apply a “preponderance of the evidence” as the standard of proof to determine whether a violation occurred.

• The final report shall be in writing, shall determine responsibility (if any), and must include:
• Identification of the allegations
• The sections of the Code of Conduct and/or District Policy alleged to have been violated;
• A description of the procedural steps taken from the time the formal complaint was received through the determination;
• Findings of fact supporting the determination;
• Conclusions regarding whether the alleged conduct occurred;
• Rationale for the result as to each allegation, including a determination of responsibility;
• Any disciplinary sanctions to be imposed;
• Whether remedies will be provided to the complainant;
• The procedures and permissible bases for appeal

Recommendations for sanctions may include, but are not limited to:

• Reprimand/warning
• Disciplinary probation
• Restricting access to District facilities or activities
• Suspension (limited time or indefinite)
• Leave of Absence
• Termination

IX. APPEAL PROCEDURES

A. Appeal of Decisionmaker’s Decision

Within ten (10) calendar days of the distribution of the Decisionmaker’s formal written decision, a party may appeal the decision by filing a written request for appeal with the Superintendent’s office.  A request for appeal shall be in writing and shall include, at a minimum, the following information:

1. The name, address, and telephone number of the person filing the appeal;

2. A specific and detailed statement of the basis for the appeal;

3. A statement of the relief sought.

Failure to file an appeal within the time and manner provided shall be deemed a waiver of the right to any appellate review.  A request for an appeal is filed on the date it is personally delivered or, if delivered to the District by United States mail, the date of the United States Postal Service postmark stamped on the properly addressed cover in which the request is mailed.

B. Basis for Appeal

The bases upon which an appeal may be filed are:

1. Procedural irregularities that affected the outcome of the matter;

2. New evidence that was not reasonable available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter.

3. Title IX personnel had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or

4. The Decisionmaker overlooked, misapplied, misconceived, or failed to consider a statute, decision, or material fact.

C. Appeal Panel

Upon receipt of a proper and timely request for appeal, the District will convene an appeal panel.  The appeal panel will generally include three (3) members comprised of a combination of School Board members and District Administration employees.  All panelists must have received training on ESM/IBI within the previous year.

D. Written Submissions

Both the complainant (the District) and the Respondent will have the opportunity to submit briefs or written responses for review by the appeal panel.  The appeal panel will set reasonable parameters for written submissions .

E. Evidence to be Reviewed 

No new evidence will be reviewed by the appeal panel.  The panel will limit its review to the record as well as any permitted supplementary documents from the parties.

F. Panel Determinations

The panel will generally render a written decision within twenty-one (21) calendar days after the conclusion of all deadlines for the submission of documents.  The panel’s decision will include an explanation of the basis for its decision.  All decisions of the panel are final and may be appealed to the Superior Court at Kenai, Alaska.

X. OPTIONS FOR ASSISTANCE FOLLOWING AN INCIDENT 

The District strongly encourages any complainant of ESM or IBI to seek immediate assistance.  Seeking prompt assistance may be important to ensure a complainant’s or a respondent's physical safety and/or to obtain medical care.  The District strongly advocates that a complainant reports the incident in a timely manner.  Time is a critical factor for evidence collection and preservation.  However, an individual who has experienced an incident of sexual misconduct or inappropriate boundary invasion may report the incident at any time, regardless of how much time has elapsed since the incident occurred.

Complainants of ESM or IBI may file a report with the local police department, or the Office of Children’s Services. Complainants may also file a report with the District’s Title IX Coordinator.

     Support Services Available

The District’s Title IX Coordinator will work with all complainants and all alleged respondents affected by educator sexual misconduct or inappropriate boundary invasions to ensure their safety and support their well-being.  This assistance may include providing accommodations to support or protect a complainant and respondent after an incident of educator sexual misconduct or inappropriate boundary invasion has been reported while an investigation is pending.  Such accommodations may include the ability to alter class schedules, withdraw from/retake a class without penalty, and/or access to academic support (e.g. tutoring).  The District may be able to provide additional interim measures to complainants and respondents while an investigation is pending, such as no contact orders and changing of schedules to minimize or altogether eliminate contact between the complainant and the respondent.

Staff and students have a responsibility not to harass alleged complainants or respondents and not to prejudge a matter.  ESM and IBI are serious matters and retaliation is not tolerated by the District.

Counseling, advocacy and support services are available for complainants and respondents of ESM or IBI, whether or not a formal report is filed .

Crisis and long-term counseling are available through a number of agencies located throughout the Kenai Peninsula Borough, including, but not limited to:

• National Sexual Violence Resource Center – (877) 739-3895 http://www.nsvrc.org

• National Domestic Violence Hotline – (800) 799-SAFE (7233)  http://www.ndhv.org

• National Center on Domestic & Sexual Violence (512) 407-9020 http://www.ncdsv.org

• Alaska Network on Domestic Violence & Sexual Assault (907) 586-3650

• South Peninsula Haven House (Homer) (800) 478-7712

• Kenaitze Indian Tribe (Kenai) (907) 335-7600

• Leeshore Center (Kenai) (907) 283-9479

XI. EDUCATION AND PREVENTION PROGRAMS

The District is committed to promoting awareness and preventing ESM and IBI.  To that end, all paid staff and all School Board members should attend training at least annually on Educator Sexual Misconduct and Inappropriate Boundary Invasions.

In addition to training, School Administrators should incorporate educational programs into the curriculum that include an overview of the District policies and procedures; relevant definitions; prohibited conduct; a discussion of the impact of alcohol and illegal drug use; consent; safe and positive options for bystander intervention; a review of resources and reporting options available for students and staff; prevention of educator sexual misconduct; responsibilities of staff and students if ESM or IBI has occurred; and information about risk reduction.

Student training should be as interactive as possible and should be refreshed to include new scenarios, media accounts, and examples of inappropriate and illegal behavior.  Students should be allowed to provide feedback on the training content, format, and approach.  To the greatest extent possible, parents and guardians shall be made aware of District policies and procedures for safeguarding students and should be invited to attend the trainings.